Short Answer

Elections conducted not in accordance with the by-laws can be challenged.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 states that the election of the committee shall be conducted in accordance with the by-laws of the society. If the election is not conducted as per the by-laws, it can be challenged by the members. This means that any deviation from the procedures laid down in the by-laws can lead to the elections being contested.

Furthermore, Rule 56 of the Gujarat Cooperative Societies Rules, 1965 provides the procedure for challenging the election. If any member has a grievance regarding the election process, they can file a complaint with the Registrar within 30 days of the declaration of the results. The Registrar will then inquire into the matter and take necessary action based on the findings.

In practice, if the election is found to have deviated from the by-laws, it can be declared invalid by the Registrar, and a re-election may be ordered. This ensures that the democratic process within the cooperative society is upheld and that members' rights are protected.

Practical Examples

• Scenario 1: The by-laws state that the election should be held on a specific date, but it is conducted on a different date without proper notice to the members. In this case, the election can be challenged by the members as it does not comply with the by-laws.

• Scenario 2: The by-laws require a certain quorum for the election to be valid, but the quorum is not met during the election process. Members can challenge the election on the grounds of not following the by-laws.

• Scenario 3: The by-laws specify the eligibility criteria for candidates, but a disqualified member is allowed to contest and wins the election. This can be challenged by the members as it goes against the by-laws.

References

• Section 73 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 56 of the Gujarat Cooperative Societies Rules, 1965: Official PDF